What is a 602 appeals form?
It is widely known that prisons, foster an abundance of malpractices. The majority of these malpractices stem from the stark imbalance of power between prisoners and the guards that is inherent to any prison system. Many inmates are unaware of how to formally file a complaint when they experience discrimination or mistreatment, likely because the prison system does little to inform an inmate of his or her legal rights. With that being said, each state has their own individual version of an inmate appeal form that prisoners can use when they seek to file a formal complaint. The California Department of Corrections (CDCR) approaches inmate appeals through what is called the 602 form. The 602 form was introduced by the CDCR in the mid 1970’s as a method of providing prisoners with a means of naming their grievances. Since its introduction the 602 appeals form has evolved continually.
What does a 602 form look like?
The 602 form begins with the disclaimer that an inmate can appeal any “decision, action, condition, policy or regulation” of the CDCR that negatively impacts their wellbeing. However, it mentions that alternative methods for remedy of the complaint in question should be sought out first prior to submitting an appeal. The form also notes that an inmate has 30 days to submit an appeal to the Appeals Coordinator before it will no longer be considered. The form features lettered sections that require the prisoner to explain their issue, express what action they would like to be taken in regards to their issue, and provide any documents or evidence to prove that their issue is legitimate. Finally, the form assures that the appeal process will not result in reprisals. However, oftentimes many women are subject to intimidation and further mistreatment by guards when they choose to file a 602. The threat of intimidation prompts many prisoners to fear filing 602 reports.
https://caitlinkellyhenry.com/wp-content/uploads/2014/06/602-Appeal-Form2.pdf
How do you fill out a 602?
Many prison law advisors and officials of the CDCR encourage inmates to wait a few days after the incident in question before choosing to file a 602. Inmates are advised to search for alternative methods to reach a solution to their issues, however there is minimal explanation of what those alternative methods might look like. It is important for inmates to attempt to fill out a 602 objectively and without haste because the chances of winning the appeal are minimized when an argument is poorly constructed or tainted by anger. Much thought and effort must be devoted to the process of filing a 602. Events must be extremely detailed and arranged chronologically. Every individual involved should be identified by their full name and position. The method of presentation of the issue is one of the most important factors in winning a prison appeal. However, many prisoners are discouraged by this fact because a large amount have received minimal formal education. Thus, illiteracy and a lack of formal education in prisons are a primary reason why many prisoners do not formally file complaints.
Are 602s Successful?
Although 602s are supposed to be a method for prisoners to point out the malpractices and poor conditions of prison, most appeals are not resolved by the court system. Some issues have more success than others. The complaints surrounding daily prison life are typically resolved more than issues with greater repercussions. Issues that impact a prisoner personally such as minor issues with conditions or complaints of unfair write ups for misconduct are typically become the types of 602s that succeed in court. Essentially, issues that can be proved easily and logically, ones that do not put a prisoner’s word against a guard’s, have a higher chance of success. However, more significant issues that deal with malpractices by guards or other officials are rarely successful. The justice system tends to place a guard or staff member’s word at a higher value than a prisoners. This discourages prisoners from appealing when they are experiencing true mistreatment, such as sexual assault.
http://prisonlaw.com/wp-content/uploads/2015/09/AdminAppealsOct2015v3.pdf
Works Cited
California. Department of Corrections and Rehabilitation. Inmate/Parolee Appeal. California: California Department of Corrections, 2014. Web.
“How to File an Administrative Appeal.” Prison Law, http://prisonlaw.com/wp-content/uploads/2015/09/AdminAppealsOct2015v3.pdf. Accessed 25 Oct. 2018.
“How to Write a 602 and Win.” Prisoner Censorship, https://www.prisoncensorship.info/archive/etext/agitation/prisons/campaigns/ca/how.to.write.a.602.html. Accessed 25 Oct. 2018.
Pierson, Cassie. The 602 Appeals Process. Legal Services for Prisoners with Children, August 2008, http://www.prisonerswithchildren.org/pubs/602.pdf
Photo:
Crawford, Kelly. “Prison Creative Writing Program Shows How Education Goes Both Way.” New Orleans Public Radio. Dec 14, 2017, http://www.wwno.org/post/prison-creative-writing-program-shows-how-education-goes-both-ways.
